Criminal Law Questions? Ask a Criminal Lawyer.
Hello,If you felt that CPS was somehow negligent in failing to inform you with knowledge about this child's emotional history that they had and you did not, and that had a duty to inform you before you agreed to taking this child into your household, and that as a result you were stabbed, you may be able to sue and recover for your medical expensive and incidental damages. You would need to sit down with a civil lawyer who could hear all of the background in private and in confidence and give you an idea of the strength of your case. I don't know how long ago this incident happened, but there is a two year statute of limitations on a personal injury suit in Arizona. That means that you only have two years from the event to initiate suit. A civil lawyer can be expensive, but if your suit sounds like a good one to him, he would likely be willing to take your case on a contingency basis. That means apart from filing fees and certain expenses agreed to in advance, you only pay him if he wins. Then he gets around a third of your settlement or judgment. If enough attorneys tell you that they won't take your case on contingency, it's usually because they don't think they can win it. Then you'd have to decide whether it's worth paying a lawyer up front or whether to drop the idea as something unlikely to get you what you want.I don't know why you chose not to press charges. A civil lawyer might think that your failure to have pressed criminal charges could hurt your civil suit, and that's a matter you would have to take up with the lawyer. The criminal statute of limitations on a felony assault would be 7 years, which means that if this happened less than 7 years ago, you could still press charges. You would not need to pay a lawyer to press criminal charges against the juvenile, as it would all be done through the police and prosecutor, but you would not be able to recover monetary damages as part of this sort of action.If you want to speak to a local lawyer and scope out exactly what can get done for you (and for how much) you can get a referral for an inexpensive, ($50 or less) one-time, half-hour consultation with a personal injury litigator and, as I said above, share your facts and evidence with him by contacting the Lawyer Referral Service of the Arizona State Bar Association. They guarantee a referral to a member of the bar in good standing, and they don't require you to hire the lawyer after the consultation, unless you want to.I have linked you to their site. Good luck!If I've helped, please click the green Accept button so I can get credit for my work.Live Chat will close but you can continue to post follow-ups on this thread if you need clarification.
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